Legal Question in Employment Law in Texas
Must an employer pay an employee the extra time worked in the following situation: reg. Work week Mon.-fri. 8-5. Employee takes and is paid holiday time (straight time) on Mon., reg 8 hour days
tues. Thru thurs., Fri. stays late extra two hrs.
My question is what happens with the extra two hours on Friday
1 Answer from Attorneys
If the employee is paid hourly, the employee would be entitled to regular pay for those two hours. The employer could pay the extra hours as overtime if it wanted but it is not required to pay overtime premium. If the employee is covered by an employment agreement or union bargained agreement there may be other stipulations for how that would be handled.
If the employee is salaried then the employee is not paid on an hourly basis and no additional pay is required.
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